Yearly Archives: 2012

December 20, 2012Comments Off on Criminal Law – Funding for DNA testing ordered

“On order of the Court, the application for leave to appeal the August 16, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE in part the ...

December 20, 2012Comments Off on Criminal Law – Consecutive contempt sentences not authorized

“On November 14, 2012, the Court heard oral argument on the application for leave to appeal the March 29, 2012 judgment of the Court of Appeals. “On order of the Court, the application is again considered. MCR 7.302(H)(1). In lieu ...

December 20, 2012Comments Off on Arbitration – Arbitration agreement applies to all law partnership disputes

“On order of the Court, leave to appeal having been granted, and the briefs and oral argument of the parties having been considered by the Court, we REVERSE that part of the September 13, 2011 judgment of the Court of ...

December 20, 2012Comments Off on Constitutional Law – Legislature had authority to enact domestic-violence evidence rule

MCL 768.27b, which in certain instances expands the admissibility of domestic-violence other-acts evidence beyond the scope permitted by MRE 404(b)(1), does not infringe on the Supreme Court’s authority to establish rules of practice and procedure under article 6, § 5 ...

December 20, 2012Comments Off on Criminal Law – MMMA § 8 defense available even if § 4 immunity is not

A registered primary caregiver under the Michigan Medical Marihuana Act was not entitled to § 4 immunity because he possessed and cultivated more marijuana plants than what the MMMA permitted. However, defendant’s lack of § 4 immunity does not prevent ...

December 20, 2012Comments Off on Criminal Law – No blood relationship requires reversal of CSC I conviction

Where there was no biological relationship between defendant and the victim, defendant cannot be convicted of first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii), which requires that defendant be related to the victim “by blood.” “Defendant had sexual intercourse with the ...

December 20, 2012Comments Off on Employment – University official’s editorial not protected by First Amendment

A high-ranking public university official who was fired after writing a commentary in a local paper, which criticized policies that the university hired her to create, promote and enforce, cannot sue under section 1983 on a First Amendment theory. The ...

December 20, 2012Comments Off on Employment – LMRA does not pre-empt limitations period for ADA claim

Section 301 of the Labor Management Relations Act does not pre-empt a claim brought under the Americans with Disabilities Act. As a result, the federal district court erred by relying on the LMRA’s six-month statute of limitations to dismiss plaintiff’s ...